COMMISSION STAFF WORKING DOCUMENT 2022 Rule of Law Report Country Chapter on the rule of law situation in Luxembourg Accompanying the document Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions 2022 Rule of Law Report The rule of law situation in the European Union
Date: 2022-07-13
Institutions: European Commission, Secretariat-General
Subjects: Luxembourg, coronavirus disease, corruption, democracy, epidemic, independence of the judiciary, infringement of EU law, pluralism in the media, political rights, rule of law

EN 

  EN 

   EUROPEAN COMMISSION  Luxembourg, 13.7.2022  SWD(2022) 516 final  COMMISSION STAFF WORKING DOCUMENT 2022 Rule of Law Report        Country Chapter on the rule of law situation in Luxembourg Accompanying the document Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions 2022 Rule of Law Report          The rule of law situation in the European Union {COM(2022) 500 final} - {SWD(2022) 501 final} - {SWD(2022) 502 final} - {SWD(2022) 503 final} - {SWD(2022) 504 final} - {SWD(2022) 505 final} - {SWD(2022) 506 final} - {SWD(2022) 507 final} - {SWD(2022) 508 final} - {SWD(2022) 509 final} - {SWD(2022) 510 final} - {SWD(2022) 511 final} - {SWD(2022) 512 final} - {SWD(2022) 513 final} - {SWD(2022) 514 final} - {SWD(2022) 515 final} - {SWD(2022) 517 final} - {SWD(2022) 518 final} - {SWD(2022) 519 final} - {SWD(2022) 520 final} - {SWD(2022) 521 final} - {SWD(2022) 522 final} - {SWD(2022) 523 final} - {SWD(2022) 524 final} - {SWD(2022) 525 final} - {SWD(2022) 526 final} - {SWD(2022) 527 final}  
 
 
ABSTRACT 

Luxembourg's  justice  system  has  maintained  its  very  high  level  of  perceived  judicial 
independence and continues to operate efficiently. The Constitutional reform, which aims to 
establish  a  Council  for  the  judiciary  and  strengthen  the  independence  of  the  Prosecutor’s 
Office  is  being  finalised.  New  legislative  amendments  seek  to  align  the  composition  of  the 
future Council for the Judiciary with European standards. Those amendments also specify the 
powers of the Council for the Judiciary regarding appointments, promotions, retirement and 
secondment of magistrates, and introduce a new disciplinary regime. Despite certain progress 
with the digitalisation project covering administrative courts, shortcomings remain regarding 
the  digitalisation  of  justice  overall.  A  new  draft  law  that  would  make  legal  aid  more 
accessible was tabled in Parliament. 

All  authorities  involved  in  the  fight  against  corruption  are  cooperating  well  although  there 
remain  challenges  as  regards  human  resources  in  the  prosecution  services  dealing  with 
economic and financial crime. Some progress was made in the area of asset declarations and 
lobbying as  regards Members of Parliament  and a transparency register  will be set  up. The 
Codes  of  Conduct  for  members  of  the  Government  and  its  advisers  were  strengthened,  but 
not all public sectors have a code of conduct. Room for improvement also remains as regards 
the  regulation  of  conflicts  of  interest  and  revolving  doors.  The  impact  of  the  new  rules  on 
political party financing could not yet be determined since elections are only expected to be 
next  year.  Legislation  to  protect  whistleblowers  is  still  limited  to  specific  sectors,  but  the 
Government  adopted  a  draft  law  in  January  2022  to  strengthen  the  protection  of 
whistleblowers and transpose EU legislation. There were no corruption cases reported related 
to the COVID-19 pandemic in the past year. 

Luxembourg  continued  strengthening  the  regulatory  safeguards  for  the  independence  and 
effectiveness of the media regulator as the Audiovisual Media Services Directive (AVMSD) 
was transposed. Moreover, the competences and resources of the regulator have been further 
increased. A revised press aid scheme, covering online news media, has been adopted making 
it  technologically  neutral.  The  framework  for  the  protection  of  journalists  remains  robust. 
Concerns  remain  about  the  lengthy  procedures  for  access  to  official  documents  for 
journalists, who request that a fast-track option is introduced for their profession. A draft law 
to reinforce the independence of Radio 100.7 public service media has been presented to the 
Parliament. 

A draft constitutional revision has been presented with the aim to introduce a direct right for 
citizens to put forward legislative initiatives. Since the publication of the 2021 Rule of Law 
Report,  no  action  has  been  taken  to  address  the  concerns  regarding  the  regularity  and  the 
extent of consultation of stakeholders, other than the ones required by law,  in  the decision-
making process.  A series  of COVID-19 pandemic related measures were challenged before 
the Constitutional Court. The draft law on NGOs, which intends to simplify the procedures 
for their creation and governance, is being discussed in Parliament.  

1 

 
 
 
RECOMMENDATIONS 

It is recommended to Luxembourg to: 

  Continue with the process to adopt the reform on the powers of the future Council for the 

Judiciary. 

  Continue with the process to adopt the reform on making legal aid more accessible. 
  Continue  to  implement  and  evaluate  the  new  legislation  on  lobbying  the  Parliament, 

including the transparency register.  

  Ensure  that  there  are  adequate  resources  for  the  prosecution  services  dealing  with 

economic and financial crime. 

  Reduce the time of processing of requests for disclosure of official documents, taking into 

 

account European standards on access to official documents. 
Improve  the  legislative  decision-making  process  by  providing  wider  possibilities  for 
stakeholders to participate in public consultations. 

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I.  JUSTICE SYSTEM  

The justice system contains two separate branches of courts: ordinary courts with jurisdiction 
in  civil  and  criminal  matters  and  administrative  courts  hearing  cases  of  administrative  law. 
The  ordinary  branch  includes  three  Justices  of  the  Peace,  two  District  Courts  with  general 
jurisdiction,  a  Court  of  Appeal  and  a  Court  of  Cassation.  The  administrative  branch  is 
composed of an Administrative First-instance Court and an Administrative Court of Appeal. 
The Constitutional Court is part of the judiciary and rules on the compliance of laws with the 
Constitution. Candidate judges are selected by a committee composed exclusively of judges 
and subsequently  formally appointed by the executive. For posts  at  the Supreme Court  and 
the Administrative Court of Appeal, judges are appointed by the executive on the advice of 
the  Supreme  Court  or  of  the  Administrative  court,  respectively.  The  Prosecution  service  is 
independent but prosecution is exercised under the authority of the Minister of Justice. The 
two  Bar  Associations  are  independent  and  represent  lawyers  established  in  Luxembourg. 
Each Bar Association has an Assembly1, a Bar Council2, a President of the Bar3 and for the 
whole  profession,  a  Disciplinary  and  Administrative  Council4.  Luxembourg  participates  in 
the European Public Prosecutor’s Office (EPPO). 

Independence  

The level of perceived judicial independence in Luxembourg continues to be very high 
both among the general public and companies. Overall, 77% of the general population and 
76% of companies perceived the level of independence of courts and judges to be ‘fairly or 
very  good’  in  20225.  According  to  data  in  the  2022  EU  Justice  Scoreboard,  no  significant 
changes can be identified in the evolution of the perceived level of independence since 2016. 
The perceived judicial independence among companies has increased since 2021 (71%), but 
is lower in comparison with 2016 (80%). 

The  constitutional  reform,  which  aims  to  establish  a  Council  for  the  judiciary  and 
strengthen the independence of the Prosecutor’s Office, is being finalised. On 20 October 
2021, the Parliament adopted at first reading the revised text of Chapter VI (on Justice) of the 
Constitution6.  As  mentioned  in  the  2021  Rule  of  Law  Report7,  this  revision  aims  at 
establishing  a  new  Council  for  the  judiciary  and,  more  generally,  to  strengthen  judicial 
independence8.  As  regards  the  Council  for  the  judiciary,  the  draft  text,  as  adopted  at  first 
reading9,  outlines  the  main  competencies  of  the  future  Council,  namely  the  selection  of 
magistrates  before  their  appointment  by  the  Grand  Duke  and  deciding  on  the  initiation  of 
disciplinary  proceedings  against  magistrates.  The  specific  conditions  under  which  these 
powers will be exercised, as well as the composition, organisation and the other competencies 

1   Art. 12-15 of the Law on the profession of a lawyer, 10 August 1991. 
2   Art. 16-19 of the Law on the profession of a lawyer, 10 August 1991. 
3   Art. 20-23 of the Law on the profession of a lawyer, 10 August 1991. 
4   Art. 24-25 of the Law on the profession of a lawyer, 10 August 1991. 
5   Figures 50 and 52, 2022 EU Justice Scoreboard. The level of perceived judicial independence is categorised 
as  follows:  very  low  (below  30%  of  respondents  perceive  judicial  independence  as  fairly  good  and  very 
good); low (between 30-39%), average (between 40-59%), high (between 60-75%), very high (above 75%). 

6   Project No. 7575 – revision of Chapter VI (on Justice) of the Constitution. 
7   See 2021 Rule of Law Report, Country Chapter on the rule of law situation in Luxembourg, pp. 2-3. 
8   Project No. 7575 – revision of Chapter VI (on Justice) of the Constitution. 
9   The second vote is usually within 3 months. However, due to the unsuccessful request for referendum, the 

timeline was changed and the second vote will take place later in 2022. 

3 

 
                                                 
of the Council, are to be determined by law10. As regards the strenghtening of independence 
of  the  Prosecutors’  Office  and  the  judiciary  as  a  whole,  the  adopted  draft  enshrines  the 
independence  of  judges  and  prosecutors.  The  judges  are  independent  in  exercising  their 
functions11,  while  the  Prosecutor’s  Office  is  independent  in  the  exercise  of  individual 
investigations and prosecutions, without prejudice to the Government's right to give direction 
on criminal  policies12. This  independence is  also  reflected in  the legislative amendments  of 
the Criminal Procedure Code and the Criminal Code, which would remove the power of the 
Minister of Justice to give instructions to prosecutors in individual cases13.  

New  legislative  amendments  have  been  tabled  aligning  the  composition  of  the  future 
Council  for  the  judiciary  with  European  standards.  In  October  2021,  the  Ministry  of 
Justice  decided  to  split  the  draft  law  on  the  organisation  of  the  future  Council  for  the 
judiciary14 in two separate draft laws: one on the organisation of the future Council15 (draft 
law on the composition) and one on the status of magistrates (draft law on the powers16 of the 
future  Council).  On  15  October  2021,  the  new  draft  on  the  composition  was  tabled  in 
Parliament. It aims to address the concerns raised by the 2020 and 2021 Rule of Law Reports 
and to  align the composition with relevant  Council of Europe standards, which  recommend 
that at least half of the members of such councils should be judges (magistrates) elected by 
their  peers17.  The  latest  draft  legislation  envisages  a  composition  of  nine  members:  six 
magistrates  elected  by  their  peers,  among  which  the  President  of  the  Supreme  Court,  the 
President of the Administrative Court of Appeal, the State Prosecutor General are  ex officio 
candidates18, one lawyer elected by their peers19, and two persons elected by the Parliament 
based  on  their  education  or  experience20.  This  new  structure,  if  adopted  as  provided  in  the 
latest  draft,  would  comply  with  the  Council  of  Europe  recommendation.  On  31  May  2022, 
the  Council  of  State  published  their  opinion  on  these  new  legislative  amendments21.  The 
Council of State approved of the new composition but also expressed some concerns22, which 
would be subject to further debates and amendments at the Parliament.  

10   Art.  90, text of Project No. 7575. See also 2021 Rule of  Law  Report,  Country  Chapter  on the  rule of law 

situation in Luxembourg, pp. 2-3. 
11   Art. 87(1), text of Project No. 7575. 
12   Art. 87(2), text of Project No. 7575. 
13   The  legal  safeguards  surrounding  this  power  combined  with  the  fact  that  the  Prosecution  service  is  in 
practice recognised as independent appear to mitigate the risk to the autonomy of the Prosecution service. It 
is also to be noted that the Minister of Justice has not given instructions in an individual case for more than 
20 years. 

14   Project No. 7323 on the Organisation of the Supreme Council of Justice. 
15   Project No. 7323A on the Organisation of the National Council of Justice. 
16   Project No. 7323B on the Status of magistrates. 
17   Recommendation CM/Rec(2010)12 of the Committee of Ministers of the Council of Europe, paras. 26-27. 

See also Venice Commission Opinion (CDL-AD(2020)035), para. 44. 

18   The  President  of  the  Supreme  Court,  the  President  of  the  Administrative  Court  of  Appeal,  the  State 
Prosecutor General will also be ex officio members only in the very first National Council of Justice, in order 
to establish the institution. – Project No. 7323A, p. 7. 

19   The lawyer is elected by the Order of the lawyers of the Bars of Luxembourg and Diekirch with the majority 

of their members present and voting. – Project No. 7323A, p. 11. 

20   Project No. 7323A, p. 6. 
21   Opinion No. CE : 60.824 on Parliamentary file No. 7323A, and Opinion No.  CE : 60.892 on Parliamentary 

file No. 7323B of 31 May 2022. 

22   The  concerns  are  related  to  the  modalities  of  the  election  process  regarding  the  President  of  the  Supreme 
Court,  the  President  of  the  Administrative  Court  of  Appeal,  the  State  Prosecutor  General,  namely  the 
simultaneous vote for the position within the judiciary and the position within the Council for the judiciary. 

4 

 
                                                 
New  legislative  amendments  are  set  to  establish  rules  common  to  all  magistrates 
including a new disciplinary regime. On 20 December 2021, the Ministry of Justice tabled 
the second part of the draft law for the concerning the future Council for the judiciary, which 
deals  with  its  powers23.  In  particular,  this  new  draft  law  contains  rules  common  to  all 
magistrates  (judges  and  prosecutors)  with  regard  to  recruitment,  training,  appointment24 
(including  promotions25),  secondment,  ethics26,  discipline27  and  retirement.  On 
the 
appointment  procedure  for  magistrates,  the  future  Council  would  be  the  sole  institution 
responsible for this, being guided by criteria for the appointment set in the law28. At the end 
of the procedure, the Council would present the selected candidates to the Grand Duke, who 
would appoint them without having a power of veto29. The decision for appointment would 
be susceptible to a judicial review regarding its legality30. On secondments, the draft law does 
not envisage any secondments of judges without their consent31. On retirement, the age and 
conditions  would  remain  unchanged32.  On  the  new  disciplinary  regime  for  magistrates,  the 
future  Council  would  play  a  major  role,  as  it  would  have  the  prerogatives  to  initiate  a 
disciplinary  investigation  concerning  a  magistrate  and  to  launch  the  proceedings  before  the 
disciplinary  courts; it would  have the possibility to  appeal  the decision of the first instance 
disciplinary  court33.  The  draft  law  creates  two  new  disciplinary  courts  –  a  Disciplinary 
Tribunal (first instance court) and a Disciplinary Court (a second instance court)34. Both the 
Tribunal and the Court would be composed of three effective members and six alternates, all 
of  whom  would  be  magistrates  but  none  of  them  would  be  prosecutors35.  The  Grand  Duke 
would appoint the members of both the Tribunal and the Court after proposal of the Council 
for the judiciary36. The Grand Duke would not have a power of veto and would be obliged to 
appoint  all  proposed  candidates37.  The  draft  law  also  introduces  a  list  of  actions  that  could 

23   Project No. 7323B on the Status of magistrates. 
24   Currently,  the  recruitment  of  magistrates  is  organised  by  a  commission  exclusively  composed  by  higher 

magistrates. This commission proposes the candidates to the Grand Duke who appoints them.  

25   At present, for posts at the top of the judicial hierarchy, the appointment / promotion of the judges is made 
by the Grand Duke on the advice of the Supreme Court of Justice, or of the Administrative Court. The other 
judges and prosecutors are directly promoted by the executive. 

26   At the moment, there is an applicable code of deontology and ethics of the Luxembourg judges, adopted by 

the Supreme Court of Justice and the Administrative Court. 

27   Currently,  disciplinary  cases  against  judges  of  the  judicial  order  (seat  and  public  prosecutor's  office)  are 
investigated  and  judged  by  the  Supreme  Court  of  Justice,  on  the  requisition  of  the  Prosecutor  General. 
Disciplinary  cases  against  judges  of  the  administrative  order  are  investigated  and  judged  by  the 
Administrative Court on the requisition of the Minister of Justice.  

28   The Council would select among the candidates based on their professional competencies, personal qualities 

and rang in the magistracy. - Project No. 7323B, p. 9 (Art. 9 of the draft law). 

29   The Grand Duke would be obliged to appoint a magistrate.  - Project No; 7323B, p. 11 (Art. 13 of the draft 

law). 

30   The decision on appointment may be the subject of an action for annulment before the administrative courts 
(at  two  instances).  In  the  context  of  the  action  for  annulment,  a  review  of  the  legality  of  judicial 
appointments  will  be  carried  out.  However,  judicial  review  will  not  extend  to  the  appropriateness  of  such 
appointments. – Project No. 7323B, p. 12. 

31   Information received in the context of the country visit to Luxembourg (e.g. Ministry of Justice) 
32   Project No. 7323B, p. 32. 
33   Input from Luxembourg for the 2022 Rule of Law Report, p. 8. 
34   Project No. 7323, p. 19, (Art. 27 of the draft law). 
35   Project No. 7323, pp. 19-23. 
36   The Presidents of courts from different levels of the judiciary present multiple candidates to the Council for 
the judiciary. The latter proceeds with the selection process and nominates for appointment the exact number 
of candidates needed to the Grand Duke. – Project No. 7323B, p. 21 (Art. 30 of the draft law). 
37   Information received in the context of the country visit to Luxembourg (e.g. Ministry of Justice). 

5 

 
                                                 
provoke  a  disciplinary  action38,  none  of  which  would  allow  for  launching  a  disciplinary 
proceeding based on the contents of a magistrate’s decision. Furthermore, the draft law lists 
the  possible  sanctions  for  disciplinary  offences39,  all  of  which  would  be  susceptible  to  an 
appeal before the second instance disciplinary court40. The magistrates against whom there is 
a disciplinary proceeding before the disciplinary courts would have the right to be assisted by 
a  lawyer41.  In  general,  the  current  draft  seems  to  be  in  line  with  the  relevant  European 
standards, in particular as regards the more sensitive areas of the appointment of magistrates 
(including promotion)42 and the disciplinary regime43. On 31 May 2022, the Council of State 
published  their  opinion  on  these  new  legislative  amendments44.  The  Council  of  State 
approved  of  the  new  regimes  created  by  the  draft  law  but  also  expressed  some  concerns45, 
which would be subject to further debates and amendments at the Parliament. 

Quality  

Despite  progress  with  the  digitalisation  project  covering  administrative  courts, 
shortcomings remain regarding the digitalisation of justice overall. In February 2022, the 
first conceptual phase of the JANGA sub-project was concluded. This is the most advanced 
part of the “paperless justice” project that encompasses 13 sub-projects46. JANGA as the first 
sub-project  concerns  the  digitalisation  of  all  exchanges  and  archives  for  administrative 
courts47.  The  authorities  expect  to  launch  the  functionalities  by  the  end  of  202248. 
Furthermore, the temporary legislative changes made to adapt the procedures for criminal49, 
civil  and  commercial50  cases  during  the  COVID-19  pandemic  and  to  allow  the  use  of 
electronic tools would remain in force even after the pandemic51. It is unclear whether they 
will  be  consolidated  under  new  legislation  or  integrated  in  the  future  revision  that  will 
incorporate the functionalities introduced under the “paperless justice” project. Nevertheless, 
the  changes  allow  only  for  limited  use  of  electronic  tools  in  the  courts52.  Further 
shortcomings could be observed in the area of digital tools to initiate and follow proceedings. 
Currently, in civil and commercial cases it is only possible for the courts to serve documents 

38   Project No. 7323B, p. 15 (Art. 21 of the draft law). 
39   Project No. 7323B, p. 16 (Art. 22 of the draft law). 
40   Project No. 7323B, pp. 30-31 (Art. 49 and 50 of the draft law). 
41   Project No. 7323B, p. 27 (Art. 41 of the draft law). 
42   Council  of  Europe  Recommendation  CM/Rec(2010)12  on  Judges: 

independence,  efficiency  and 
responsibilities, paras. 44-48 (career of judges); CCJE, Opinion no.10(2007) on the Council for the Judiciary 
at the service of society, paras. 48-51 (promotion of judges), paras. 52-56 (evaluation of judges). 

43   Judgment of the Court of Justice of 15 July 2021, Commission v. Poland, Case C-791/19, EU:C:2021:596, 
paras.  80,  113  137,  139  and  140.  Judgment  of  the  Court  of  Justice  of  18  May  2021,  Asociaţia  'Forumul 
Judecătorilor din România' and Others v Inspecţia Judiciară and Others, Joined Cases C-83/19, C-127/19, 
C-195/19, C-291/19, C-397/19, EU:C:2021:393, paras. 199-207. 

44   CE : 60.892 on Parliamentary file No. 7323B of 31 May 2022. 
45   The concerns are related to the composition of the two new disciplinary courts and to the fact  that they will 

be composed solely of judges. 

46   The  “paperless  justice”  project  encompasses  13  sub-projects  and  aims  to  address  present  shortcomings  in 
digitalisation  of  justice.  See  2021  Rule  of  Law  Report,  Country  Chapter  on  the  rule  of  law  situation  in 
Luxembourg, p. 4. 

47   The remaining 12 sub-projects are either at an earlier stage or not yet started.  
48   Information received in the context of the country visit to Luxembourg (e.g. Ministry of Justice). 
49   Law of 20 June 2020 on the temporary adaptation of certain procedural modalities in criminal matters.  
50   Law  of  19  December  2020  on  the  temporary  adaptation  of  certain  procedural  modalities  in  civil  and 

commercial matters. 

51   Information received in the context of the country visit to Luxembourg (e.g. Ministry of Justice). 
52   Figure 42, 2022 EU Justice Scoreboard. 

6 

 
                                                 
electronically to  citizens and businesses and to  send electronic acknowledgement  of receipt 
proving the submission of documents. However, it is not possible to  receive comprehensive 
information  on  or  pay  court  fees  online,  nor  it  is  possible  to  access  the  electronic  files  of 
closed or ongoing cases53. Despite the progress achieved, the scope of available online tools 
and  digital  solutions  remains  limited54,  while  the  “paperless  justice”  project  aims  to  be 
completed only by 2026. 

A new draft law aims to make legal aid more accessible. On 27 January 2022, the Ministry 
of Justice and the President of the Luxembourg Bar presented a draft law on legal aid55. This 
more detailed and comprehensive legislation would replace the existing article of the Law on 
the Profession of a Lawyer56 and the Grand-ducal regulation on legal aid57. The new draft law 
expands the scope of application of legal aid to persons who do not hold the Luxembourgish 
nationality  but  reside  in  Luxembourg58  and  allows  for  partial  legal  aid59.  Due  to  the 
introduction of partial legal aid, the new draft law would ease the requirements for acquiring 
legal aid60, which are currently limited to people only with income below the social inclusion 
income  It  would  include  also  people  in  specific  situations  (for  instance  people  in 
bankruptcy)61. The draft law is currently pending in Parliament and undergoing stakeholder 
consultations. 

Efficiency 

The courts continued to perform efficiently despite some challenges with  the clearance 
rate  potentially  due  to  the  COVID-19  pandemic.  Despite  the  effects  of  the  COVID-19 
pandemic  and  the  increase  of  the  estimated  time  needed  to  resolve  a  case,  efficiency 
continues to be consistently high, although the length of proceedings is significantly longer at 
second and third instances62. The number of pending cases remains low, with the exception of 
criminal cases63. However, the clearance rate has fallen below 100% which is potentially due 
to  the  effects  of  the  COVID-19  pandemic.  Therefore,  this  difference  would  probably  be  of 
temporary nature64. Finally, for the first time, data are available as regards the length of court 
proceedings and the number of pending cases in administrative courts65. The estimated time 

53   Figure  46,  2022  EU  Justice  Scoreboard.  However,  in  civil  disputes,  no  court  costs  are  incurred,  except 

bailiff’s fee, which is available online. In addition, payment of court fees can be done by bank transfer. 

54   Figures 46 and 47, 2022 EU Justice Scoreboard. 
55   Project No. 7959. 
56   Art. 37 of the Law on the profession of a lawyer, 10 August 1991. 
57   Grand-ducal regulation on the legal aid, 18 September 1995. 
58   In  application  of  Council  Directive  2002/8/EC  of  27  January  2003  to  improve  access  to  justice  in  cross-

border disputes by establishing minimum common rules relating to legal aid for such disputes. 

59   The different modalities regarding partial legal aid will be clarified in a Grand-ducal regulation. Project No. 

7959, p. 1 (Art. 2(1) of the draft law).  

60   Partial  legal  aid  will  mainly  allow  people  with  resources  slightly  greater  than  REVIS  to  benefit  from 
proportional coverage of their lawyer's fees. Levels representing income brackets higher than the REVIS will 
make it possible to determine the proportion borne by the State, which depending on the case will relate to 
50% or 25% of the fees and expenses. These levels as well as the amounts to which they will be applicable 
will be more fully defined in a Grand-Ducal regulation. - Project No. 7959, p. 11. 

61   See  among  others  Art.  3-6,  paras.  6  and  8  Criminal  Procedure  Code  (CPC);  Art.  18-1  of  the  Law  on 

Extradition, 20 June 2001 – Project No. 7959, p. 2 (Art. 2(5)). 

62   Figures 6, 7 and 9, 2022 EU Justice Scoreboard.  
63   Figure 14, 2022 EU Justice Scoreboard. 
64   Figure 11, 2022 EU Justice Scoreboard. 
65   Figures 6, 9, 10, 14 and 16 2022 EU Justice Scoreboard. 

7 

 
                                                 
needed  to  resolve  administrative  cases  at  first  instance  is  high  in  comparison  to  other  EU 
Member States; in the absence of earlier data, it is not possible to establish trends. 

II.  ANTI-CORRUPTION FRAMEWORK  

The institutional framework to prevent and fight corruption has not changed since the 2021 
report. Luxembourg has no specific anti-corruption strategy, nor an anti-corruption agency; it 
has  a  legal  and  institutional  anti-corruption  framework  broadly  in  place.  The  Ministry  of 
Justice  is  the  main  authority  in  charge  of  overall  anti-corruption  matters,  including  policy 
coordination. Within the Ministry of Justice, an intergovernmental committee, the Corruption 
Prevention  Committee  (COPRECO),  acts  as  a  consultative  forum  and  supports  the  overall 
national  policy  to  fight  corruption.  There  is  no  specialised  anti-corruption  prosecution 
authority although the Economic and Financial section of the Prosecution service has specific 
competences  to  investigate  criminal  cases  of  economic  and  financial  nature,  including 
corruption cases. The Court of Auditors is indirectly involved in the fight against corruption 
through its controls on the use of public funds. 

The perception among experts and business executives is that the level of corruption in 
the public sector remains low.  In the 2021 Corruption Perceptions Index by Transparency 
International, Luxembourg scores 81/100, ranks 4h in the European Union and 9th globally66. 
This  perception  has  been  relatively  stable67  over  the  past  six  years.  The  2022  Special 
Eurobarometer on Corruption shows that 36% of respondents consider corruption widespread 
in  their  country  (EU  average  68%)  and  9%  of  respondents  feel  personally  affected  by 
corruption in their daily lives (EU average 24%)68. As regards businesses, 43% of companies 
consider that corruption is widespread (EU average 63%) and 38% consider that corruption is 
a problem when doing business (EU average 34%)69. Furthermore, 40% of respondents find 
that  there  are  enough  successful  prosecutions  to  deter  people  from  corrupt  practices  (EU 
average  34%)70,  while  54%  of  companies  believe  that  people  and  businesses  caught  for 
bribing a senior official are appropriately punished (EU average 29%)71.  

The  number  of  reported  corruption  cases  opened  over  the  past  year  as  well  as 
convictions  decreased.  Whereas  28  cases  were  opened  in  2019  and  29  cases  in  2020,  22 
cases were opened until the end of 2021. The success rate of prosecutions went down: of five 
judgments on the merits in 2021, there was only one conviction, compared to two convictions 
on four judgments on the merits in 2020 and four convictions on five judgments on the merits 
in 201972, but it is not evident to infer conclusions from comparing data that consists of low 
numbers.  The  number  of  offences  of  corruption  contained  in  the  police  databases  is  much 

66   Transparency International, Corruption Perceptions Index 2021 (2022). The level of perceived corruption is 
categorised  as  follows:  low  (the  perception  among  experts  and  business  executives  of  public  sector 
corruption scores above 79); relatively low (scores between 79-60), relatively high (scores between 59-50), 
high (scores below 50). 

67   In 2017 the score was 82, while in 2021, the score was 81. The score significantly increases/decreases when 
it changes more five points; improves/deteriorates (changes between 4-5 points); is relatively stable (changes 
from 1-3 points) in the last five years. 

68   Special  Eurobarometer  523  (2022).  The  Eurobarometer  data  on  citizens’  corruption  perception  and 
experience is updated every second year. The previous data set is the Special Eurobarometer 502 (2020). 
69   Flash  Eurobarometer  507  (2022).  The  Eurobarometer  data  on  business  attitudes  towards  corruption  as  is 

updated every second year. The previous data set is the Flash Eurobarometer 482 (2019). 

70   Special Eurobarometer 523 (2022).  
71   Flash Eurobarometer 507 (2022).  
72   Input from Luxembourg for the 2022 Rule of Law Report, p. 18.  

8 

 
                                                 
lower but remained stable in comparison to last year, with five offences in 2020 and four in 
202173.  

Challenges remain as regards human resources in the prosecution services dealing with 
economic  and  financial  crime,  sometimes  resulting  in  delays  in  prosecution  of 
corruption. The Prosecution service numbers 43 prosecutors and among them, one third are 
employed in  the area of  the fight  against economic, financial  and corruption offences74.  As 
outlined in the 2021 Rule of Law report75, only a limited increase of resources was granted, 
also due to the absence of appointable persons76. The latest available annual report from the 
Prosecution  service77  confirms  the  lack  of  resources,  particularly  in  its  Economic  and 
Financial  section78.  Nevertheless,  the  Prosecution  service  has  confirmed  that  it  treats  all 
cases,  although  sometimes  with  delays79.  Delays  in  the  investigation  of  corruption  cases, 
which  are  by  nature  complex  and  technical,  entail  the  risks  that  evidence  can  no  longer  be 
uncovered and assets no longer recovered, as well as the expiry of the statute of limitation, 
effectively barring prosecution.  

The  Government  aims  to  ensure  that  members  of  the  Government  can  be  held 
criminally liable for offences, including corruption. Under the current Constitution80, only 
the Parliament has the right to bring charges against members of Government. Under one of 
the projects of the Constitutional revision81, members of the Government would be criminally 
liable for acts committed by them in the exercise of their duties, even after their term of office 
has ceased. However, only the Public Prosecutor’s Office may bring and direct proceedings 
for  such  act.  The  Office  should  assess  the  appropriateness  of  prosecuting  members  of  the 
Government  if  they  are  accused  of  facts  by  individuals  and  thereby  protect  them  from 
potential false and/or politically motivated allegations82. 

The  Corruption  Prevention  Committee  (COPRECO)  met  once  in  the  last  year  and  a 
half. Although COPRECO is required by law83 to meet at least twice a year, it did not meet in 
2021,  neither  in  person  nor  online,  reportedly  due  to  the  COVID-19  pandemic  and  staff 
changes. After an 18-month break, a meeting took place on 30 March 2022, which informed 
participants  on  several  ongoing  assessments  of  the  Luxembourg  anti-corruption  framework 

73   This can be explained by the fact that the prosecution service retains the cases as they progress. The figure to 
be used is that based on the legal classification made by the judicial authorities. Input from Luxembourg for 
the 2022 Rule of Law Report.  

74   Input from Luxembourg for the 2022 Rule of Law Report, pp. 13-14. 
75   2021 Rule of Law Report, Country Chapter on the rule of law situation in Luxembourg, p. 5.  
76   The  State  Prosecutor  General  notes  that  the  position  of  prosecutor  has  become  less  attractive  due  to  the 
increased  criticism  on  the  work  of  prosecutors,  as  well  as  the  timing  and  eligibility  requirements  of  the 
competitions  to  become  a  prosecutor.  Luxembourg  Government  (2022)  Jurisdictional  and  prosecutorial 
statistics 2021, pp. 16-17.  

77   Jurisdictional and prosecutorial statistics 2020, prepared by the Government. 
78   The  State  Prosecutor  General  also  notes  that  the  appointment  of  prosecutors  from  this  section  to  the 
European  Public  Prosecutor’s  Office  in  2021  left  an  important  gap.  Luxembourg  Government  (2022) 
Jurisdictional and prosecutorial statistics 2021 (Statistiques des jurisdictions et des parquets Année 2021), p. 
15.  

79   Information received in the context of the country visit to Luxembourg (e.g. Prosecution service). 
80   See Art. 83 of the Constitution. 
81   Project No. 7700, revision of Chapters I, II, III, V, VII, VIII, IX, X, XI and XII of the Constitution – first out 

of two votes passed but there is a request for a referendum, which delays the final adoption. 

82   Written contribution received from the Ministry of State in the context of the country visit to Luxembourg. 
83   Art.  3(1)  of  the  Regulation  of  15  February  2008  determining  the  composition  and  operation  of  the 

Committee for the Prevention of Corruption. 

9 

 
                                                 
by  international  bodies  and  the  state  of  play  of  legislation  in  progress  or  adopted  in 
Luxembourg84. Signatories of the UN Convention against Corruption  are required to ensure 
the existence of an independent body that oversees and coordinates preventive anti-corruption 
policy85. Insofar as COPRECO could be considered as such a body, there are no indications it 
has carried out any oversight or coordination over the past year. 

Some  progress  was  made  in  the  area  of  asset  declarations  and  lobbying  as  regards 
members  of  Parliament.  On  14  September  2021,  the  Parliament  amended  its  Code  of 
Conduct86,  which  strengthens  the  rules  on  the  declaration  of  assets  and  extra-parliamentary 
work and activities such as participation in boards or committees of companies87. In contrast 
to what GRECO recommended88, and what  applies to people taking up adviser posts in the 
Government,  the  new  asset  declaration  regime  for  Members  of  Parliament  does  not  cover 
assets  of  family  members  and  spouses89.  Furthermore,  on  9  December  2021,  a  new 
transparency  register  was  created  in  law90.  Members  of  Parliament  have  to  declare  all 
contacts  with  registered  lobbyists  and  must  reject  a  request  for  meeting  with  unregistered 
persons  seeking  to  influence  the  legislative  work  of  Members  or  the  Chamber’s  decision-
making  process91.  The  data  of  lobbyists  and  contacts  will  be  made  public  in  an  easily 
accessible form on the website of the Parliament. The register is an important tool to prevent 
corruption through transparency, but it still has to be made operational and will be evaluated 
one year after its entry into force92. No progress was made with regard to the introduction of 
an effective system of monitoring and sanctions concerning breaches of the Code of Conduct 
for members of Parliament93. 

The  Codes  of  Conduct  for  members  of  the  Government  and  its  advisers  were 
strengthened,  but  not  all  public  sectors  have  a  Code  of  Conduct.  The  Government 
adopted on 24 March 2022 a new Code of Conduct for Members of Government and another 
one  for  the  Government  advisers94.  These  codes  include  rules  on  gifts,  revolving  doors, 
conflict of interests and lobbying. They address loopholes that GRECO identified in relation 
to previous drafts from 201995, by making clear, for example, that the obligation to register 
the data falls upon the advisers or the secretariat of the Members of Government present at 
the interview. The Ethics Committee can give its opinion on the application of the Code of 
Conduct for members of the Government  at the request of the Prime Minister96. The Prime 

84   Written contribution from the Luxembourg Government in the context of the country visit to Luxembourg. 

See also input from Luxembourg for the 2022 Rule of Law Report, pp. 17. 

85   United Nations Convention against  Corruption  Luxembourg signed the  Convention on 10 December 2003 

and it entered into force on 6 November 2005. 

86   Parliament Official website, Document 7824 of 2020-2021, 25 October 2021. 
87   GRECO (2022), Fourth Evaluation Round– Third interim Compliance report: Luxembourg. p. 4. 
88   GRECO (2020), Fourth Evaluation Round– Second Interim compliance report: Luxembourg. p. 3. 
89   GRECO  notes  the  same  gap  as  to  spouses  and  family  members  for  ministers,  see  GRECO  (2020),  Fifth 

Evaluation Round – Compliance report. pp. 11-12. 

90   Through  amendment  of  the  Rules  of  Procedure  of  the  Chamber  of  Deputies,  Parliament  Official  website, 

Document 7499 of 2020-2021, 17 January 2022 

91   By  contrast,  activities  responding  to  the  direct  and  individual  request  of  the  Chamber  of  Deputies  or  a 
Member, such as ad hoc or regular requests for factual information, data or expertise, are not covered by the 
Register. See Articles 4 and 5 of the amended Rules of Procedure. 
92   Parliament Official website, Resolution of 9 December 2021 (3703). 
93   GRECO (2022), Fourth Evaluation Round, Third Interim Compliance report, p. 10. 
94   Parliament Official website, Document 133 and 134 of 24 March 2022. 
95   GRECO (2020), Fifth Evaluation Round– Compliance report: Luxembourg. p. 8. 
96   Art.  3  of  Grand  Ducal  Decree  of  14  November  2014  laying  down  the  rules  of  professional  conduct  of 

members the Government and their duties and rights in the performance of their duties. 

10 

 
                                                 
Minister did not submit any case to the appreciation of the Ethics Committee in 2021 and the 
Committee  did  not  meet  between  January  and  September  202197.  The  General  Police 
Inspectorate (IGP) has adopted a charter highlighting the values of independence, objectivity, 
transparency and integrity. As reported by Luxembourg for the 2021 Rule of Law Report, the 
work  on  a  code  of  conduct  for  the  IGP  is  still  in  progress  and  the  Government  plans  to 
complete this in the second half of 202298. There is no code of conduct for municipalities and 
local governments99, which constitutes an important gap.  

Since next elections are in 2023, it is not yet possible to evaluate the impact of the 2020 
law on political party financing. As mentioned in the 2021 Rule of Law Report100, the law 
on political party financing, as amended in December 2020, introduced an obligation for all 
candidates for national and European elections to declare all donations exceeding EUR 250. 
The rules only apply during elections and  the next elections, according to the  constitutional 
fixed-year term, are scheduled to be held in 2023. It is therefore too early to evaluate if the 
changes have made the framework more effective. 

Whistleblower protection legislation currently in place is still limited to specific sectors 
such  as  private  and  public  labour  law  and  new  legislation  to  address  these  gaps  is  in 
preparation. On 10 January 2022, the Government adopted a draft law aiming to transpose 
the Whistleblower Directive101. The scope of the draft is broader than the EU Directive and 
aims  at  ensuring  whistleblowers  are  better  protected  against  retaliation  (including  by 
assuming that retaliation occurs due to  the whistleblowing, thereby  reversing the burden of 
proof). The draft law provides for the creation of a reporting office, under the authority of the 
Minister of Justice. The tasks of the office would be to inform and assist any person wishing 
to  report  a  violation  of  the  law,  to  raise  awareness  of  the  legislation  on  whistleblower 
protection, to inform the competent authorities of failures to comply with the obligations to 
set  up  internal  channels,  and  to  draw  up  recommendations  on  any  matter  relating  to  the 
application of the law102. 

While  corruption  related  to  the  COVID-19  pandemic  remained  a  risk,  there  were  no 
such  cases  in  2021.  Although  corruption  has  been  noted  as  a  growing  threat  in  relation  to 
government support schemes103, no specific measures have been adopted so far104. The Police 
and Prosecution have not seen the abovementioned risk materialise in terms of cases during 
2021105.  As  part  of  its  audits,  the  Court  of  Auditors  routinely  controls  if  the  regulation  on 

97   Written contribution from the Ethics Committee received in the context of the country visit to Luxembourg, 
98   Input from Luxembourg for the 2021 Rule of Law Report, p. 14; further written information received from 

Luxembourg Government in the context of the country visit to Luxembourg. 

99   Information received in the context of the country visit to Luxembourg, (e.g. Stopcorrupt). 
100  See 2021 Rule of Law Report, Country Chapter on the rule of law situation in Luxembourg, p. 7. 
101  (EU)  2019/1937  of  the  European  Parliament  and  of  the  Council  of  23  October  2019  on  the  protection  of 
persons  who  report  breaches  of  Union  law  and  allowing  for  a  more  general  and  effective  protection  of 
whistleblowers in general. 

102  Input from Luxembourg for the 2022 Rule of Law Report, pp. 16-17. 
103  Input  from  Luxembourg  for  the  2022  Rule  of  Law  Report,  p.  17;  National  risk  assessment  to  money 
laundering  and  terrorist  financing,  15  September  2020  and  Financial  crime  and  AML/CFT  implications 
during the COVID-19 pandemic, Circulaire CSSF 20/740 of 10 April 2020, p. 3. 

104  As mentioned above, COPRECO met in the first trimester of 2022. One of the items on the agenda  was the 
corruption  risks  in  the  context  of  the  ongoing  pandemic  and  further  necessary  measures  to  address  the 
existing risks. Input from Luxembourg for the 2022 Rule of Law Report, p.17. 

105  Information received in the context of the  country  visit to  Luxembourg, (e.g. National Police; Prosecution 

service). 

11 

 
                                                 
public  procurement  is  being  respected.  It  did  not  detect  any  irregularities  or  suspicions  of 
corruption in 2021106. 

III.  MEDIA PLURALISM AND MEDIA FREEDOM 

The  legal  framework  concerning  media  freedom  and  pluralism  comprises  a  set  of 
constitutional  and  legislative  safeguards.  Freedom  of  expression  is  explicitly  recognised  in 
the  Constitution.  The  Law  on  Freedom  of  Expression  in  Media  ensures  protection  for 
journalists.  The  Law  on  Electronic  Media  guarantees  the  financial  and  administrative 
independence of the audiovisual media regulator107. 

The  legal  framework  concerning  the  regulator  for  audio-visual  media  services  has 
remained  stable  and  financial  resources  increased.  As  the  Audiovisual  Media  Services 
Directive  was  transposed  in  2021,  regulatory  safeguards  for  the  independence  and 
effectiveness  of  the  media  regulator  (ALIA)  were  strengthened  and  its  competences 
increased.  Financial  resources  have  been  reinforced  with  a  higher  budgetary  allocation  for 
2022  that  should  allow  ALIA  to  increase  its  staff.  Additionally,  the  revision  of  the 
regulation108 establishing the annual tax received by ALIA for the overview of services under 
its remit  has  further added  new own funds.  The  revised tax is  now  EUR  2 000 per service, 
and  the  scope  of  the  regulation  has  been  extended  to  cover  also  services  of  third  countries 
using a Luxembourg uplink or Luxembourg satellite109. In spite of these positive changes, the 
Media  Pluralism  Monitor  2022  report  for  Luxembourg  considers  that  ALIA  lacks  human 
resources and competences to deal efficiently and proactively with the many tasks allocated 
to it by law, such as exerting control over the number of channels in different languages that 
moved to Luxembourg after Brexit110. 

A new press aid scheme was adopted by Parliament. On 30 July 2021, Parliament adopted 
the new Law on an Aid Scheme for Professional Journalism111, which reviews the former aid 
scheme  for  written  press  established  in  1976.  It  sets  up  a  single  technologically  neutral 
framework,  covering  printed  press  and  online  media,  thus  broadening  the  scope  of  the 
previous scheme and bringing it up to date. A new aid is introduced for “startups” that are not 
yet eligible for the main scheme, as well as aid for citizen publishers as acknowledgement to 
their function as socio-cultural  and media  actors complementing other media. The law also 
seeks to encourage transparency, training, media education and the accessibility for persons 
with disabilities. The criteria for eligibility are widened beyond the three official languages, 
and  monthly  and  free  publications  are  eligible.  The  committee  on  press  aid  advising  the 
minister (responsible for media) is also enlarged. With this new scheme, the budget allocated 
to written press is increased by 27%.  

106  Written contribution from the Court of Auditors received in the context of the country visit to Luxembourg,  
107  Luxembourg  ranks  21st  in  the  2022  Reporters  without  Borders  World  Press  Freedom  Index  compared  to 

20th in the previous year.  

108  Grand-Ducal Regulation of 3 March 2021 amending the Grand-Ducal Regulation of 2 February 2015 setting 
the  amount  and  terms  of  payment  of  taxes  to  be  collected  by  the  Independent  Luxembourg  Audiovisual 
Authority with regard to the monitoring of audiovisual media services and sound. 

109  Law of 27 July 1991 on electronic media. 
110  2022 Media Pluralism Monitor, country report for Luxembourg, pp. 11 and 29 
111  Law of 30 July 2021 on the aid scheme for professional journalism. 

12 

 
                                                 
A draft law has been tabled to reinforce the independence of Radio 100,7 public service 
media.  The  only  public  service  medium  is  Radio  100,7  which  was  established  under  the 
provisions of the Law on Electronic Media of 1991. A 1992 regulation112 set up its structure 
and  functioning,  and  the  station  began  broadcasting  in  1993.  A  draft  law  was  tabled  in 
Parliament in January 2021113 seeking to establish a solid legal framework for Radio 100,7. 
The  new  draft  law  would  review  the  objectives,  governance  and  financial  security  of  this 
public service medium. Radio 100,7 currently has a socio-cultural purpose, but the new law 
calls  to  design  a  programme  of  generalist  information,  culture,  and  entertainment.  It  will 
remain  an  independent  public  institution  with  financial  and  administrative  autonomy. 
Moreover,  the  current  four  state  representatives  on  the  100,7  management  board  will  be 
reduced  to  three.  Instead,  six  new  independent  members  from  civil  society  will  come  on 
board. The draft law also calls for regular audience consultation through advisory meetings or 
other appropriate means. Funding will be fixed for at least  five  years, which will provide a 
clear  framework  for  the  institution.  In  addition  to  Radio  100,7,  a  convention  between  the 
Government  and  RTL  Group114  establishes  a  “public  service  mission”  for  the  RTL 
broadcaster. The Government provides for a guarantee to cover parts of the costs related to 
the production of some agreed TV and radio programmes and related digital activities, based 
on  a  defined  set  of  criteria  and  an  annual  maximum  amount  that  cannot  be  exceeded.  The 
convention is expected to be renewed for the period 2024-2030.  

to  official 

The law on access to information is under  evaluation, while concerns remain as to the 
ease  of  access  to  documents  by  journalists.  The  Law  of  14  September  2018  on  a 
information  and 
Transparent  and  Open  Administration  governs  access 
documents115. The 2020 and 2021 Rule of Law Reports noted concerns as regards the length 
of procedures and a selective approach in disclosing information116. The law is currently in a 
process  of  a  detailed  evaluation,  the  results  of  which  are  expected  to  be  published  during 
2022.  As  noted  in  the  2020  and  2021  Rule  of  Law  Reports117,  Luxembourg  does  not 
guarantee  a  fast-track  access  to  information  for  the  press  that  would  be  different  from  the 
right  to  access  to  information  for  citizens.  Journalists’  representatives  and  stakeholders 
reiterated  that  the  exercise  of  their  profession  needs  a  fast-track  option  and  called  on  the 
Government  to  introduce  such  a  procedure118.  Similarly,  the  Consultative  Commission  for 
Human  Rights  (CCDH)119  appealed  to  the  Government  to  guarantee  journalists  access  to 
information in all circumstances. 

Control of company mergers would improve transparency of media ownership. A public 
consultation was opened in January 2022 concerning the introduction of measures to control 

112  Grand-ducal regulation of 19 June 1992 setting the terms and conditions for the structure and operation of 

the public establishment created by article 14 of the law of 27 July 1991 on electronic media.  

113  Project No. 7749 – draft law on the organisation of the public establishment "Public Service Media 100.7" 

and amending the amended law of July 27, 1991 on electronic media. 

114  Agreement relating to the provision of the Luxembourg public service in the field of television. 
115  Law of 14 September 2018 on open and transparent administration. 
116  See 2020 Rule of Law Report Country Chapter on the rule of law situation in Luxembourg, p. 8; and 2021 

Rule of Law Report Country Chapter on the rule of law situation in Luxembourg, pp. 9-10. 

117  See previous footnote. 
118  Information received  from  ALJP and the Press Council in the context of the country visit to Luxembourg. 

See also written contribution from ENNHRI on Luxembourg for the 2022 Rule of Law Report, p. 7. 

119  See 2021 Rule of Law Report Country Chapter on the rule of law situation in Luxembourg. p. 10 

13 

 
                                                 
company  mergers  in  general120.  Given  the  highly  concentrated  media  landscape  and  an 
ownership structure that is not fully transparent and accessible121, the possible introduction of 
such a regime could contribute to transparency of media ownership. 

The professional environment for journalists continues to be safe. The framework for the 
protection  of  journalists  remains  robust122.  Since  the  2020  Rule  of  Law  Report,  the 
Commission  has  not  received any indications concerning  changes of the  framework for the 
protection of journalists. Criminal defamation prosecutions against the media continue to be 
scarce, but the concern remains amongst professionals and NGOs that lawsuits may be used 
as a means to intimidate media and journalists with new cases emerging sporadically123. The 
Government  provides  some  financial  support  for  the  Press  Council  and  the  Luxembourg 
Professional  Association  of  Journalists,  which  covers  partially  the  expenses  related  to  the 
legal protection of their members. 

IV. OTHER INSTITUTIONAL ISSUES RELATED TO CHECKS AND BALANCES 

Luxembourg is a unicameral124 parliamentary democracy, in which legislative proposals  can 
originate from the Government and from members of Parliament. The Council of State gives 
an advisory opinion on draft legislation, whether proposed by the Government or by members 
of  Parliament.  The  Constitutional  Court  scrutinises  the  constitutionality  of  legislation. 
Independent  authorities,  such  as  the  Consultative  Commission  for  Human  Rights  (CCDH), 
the Ombudsperson and the Ombudsperson for children, play an important role in the system 
of checks and balances.  

A draft constitutional revision aiming to introduce a legislative initiative for citizens has 
been presented. On 29 June 2021, the final part of the series of constitutional revisions was 
tabled125.  It  focuses  on  the  role  of  the  Parliament  and  aims  at  strengthening  its  role126. 
Moreover, it introduces a new form of direct democracy: the citizens’ right to put forward a 
legislative  initiative.  According  to  the  draft  law,  the  citizens’  proposals  would  have  to  be 
reasoned, presented by 125 citizens and supported by 12 500 citizens127. This would enable 
citizens and civil society to submit proposals for legislation in a more precise and binding128 

120  Launch  of  a  public  consultation  concerning  the  introduction  into  national  law  of  a  regime  for  controlling 
concentrations between undertakings. Information provided by the Government in the context of the country 
visit to Luxembourg. 

121  MPM 2022 Report for Luxembourg, pp. 9, 13. 14, 26, 29.  
122  The framework for the protection of journalists is based on a set of constitutional and legislative safeguards. 
In particular, the law on freedom of expression in the media provides protection for the journalists working 
in  Luxembourg.  Journalists  are  legally  protected  in  cases  of  editorial  change,  and  journalistic  sources  are 
well  protected  too.  –  See  2020  Rule  of  Law  Report,  Country  Chapter  on  the  rule  of  law  situation  in 
Luxembourg, p. 8. 

123  Information received in the context of the country visit to Luxembourg (e.g. ALJP). 
124  The parliament is composed of the Chamber of Deputies.  
125  Project No. 7777 - Proposition for revision of Chapters IV and Vbis of the Constitution. 
126  See 2021 Rule of Law Report, Country Chapter on the rule of law situation in Luxembourg, pp. 11-12 
127  Project No. 7777, p. 18 (Art. 67 of the draft law). 
128  When it comes to the binding nature of petitions, according to Art. 164 of the Regulation of the Parliament, 
the petitions are subject to an admissibility approval by the Petitions Committee at the Parliament and then 
by  the  Conference  of  Presidents  (the  speaker  of  the  Parliament  and  the  leaders  of  the  political  parties 
represented in Parliament). Once deemed admissible, the petition will have to collect 4500 signatures in 42 
days. Afterwards, the petitioners gain the right to a meeting with the responsible Minister for the area of the 
Petition  and  Members  of  Parliament.  –When  it  comes  to  the  binding  nature  of  the  citizens’  legislative 
initiative, if the requirements are met, the Parliament will have to discuss the proposal publicly.  

14 

 
                                                 
way  than  by  way  of  a  simple  petition129.  On  16  July  2021130  and  26  April  2022131,  the 
Council of State expressed its support to this revision with positive opinions.  

Concerns  regarding  the  inclusiveness  of  the  decision-making  process  persist.  Since  the 
publication of the 2021 Rule of Law Report, no action has been taken to address the concerns 
that have been raised as regards the regularity and extent of consultations of stakeholders in 
the decision-making process132. As mentioned in the 2021 Rule of Law Report133, throughout 
the ordinary legislative procedure, a consultative opinion of the Council of State is mandatory 
for every proposed legislation. In addition, there are five professional chambers134, which are 
consulted in  their respective field  of expertise. However, the process does not  appear to be 
structurally  open135,  in  particular  to  stakeholders136.  The  Consultative  Commission  for 
Human  Rights  (CCDH)137  is  regularly  consulted  on  legislation  potentially  affecting  the 
fundamental rights of citizens. Moreover, the CCDH can take its own initiative and publish 
opinions  on  draft  laws.  Nevertheless,  the  CCDH  is  not  consulted  when  it  comes  to  non-
legislative  measures,  such  as  ordinances138.  The  Ombudsperson  can  give  an  opinion  only 
when  asked139,  which  has  not  happened  for  any  of  the  public  consultations  since  the 
publication of the 2021  report. To remedy this situation and introduce the right  to  an own-
initiative  opinion,  but  also  to  expand  on  some  of  the  competencies  of  the  institution,  the 
Ombudsperson  recommended  modifying  the  law  establishing  the  Ombudsperson140.  The 
proposal  has  not  received  any  follow-up  from  the  authorities  yet141.  Finally,  as  already 
proposed in the initial draft for constitutional revision142, the new draft constitutional revision 
on the powers of the Parliament143 would anchor the Ombudsperson in the Constitution.  

A  series  of  COVID-19  pandemic  related  measures  were  challenged  before  the 
Constitutional Court. On 1 March 2022, the Police Tribunal of Luxembourg sent a question 
to  the  Constitutional  Court  of  Luxembourg  regarding  the  constitutionality  of  several 

129  Input from Luxembourg for the 2022 Rule of Law Report, p. 25. 
130  Opinion No. CE : 60.685 on Parliamentary file No. 7777, of 16 July 2021. 
131  Complementary Opinion No. CE : 60.685 on Parliamentary file No. 7777, of 26 April 2022. 
132  See contribution from ENNHRI for the 2022 Rule of  Law Report,  chapter on Luxembourg, p. 9. See also 

2021 Rule of Law Report, Country Chapter on the rule of law situation in Luxembourg, pp. 11-12. 
133  2021 Rule of Law Report, Country Chapter on the rule of law situation in Luxembourg, pp. 11-12 
134  Chamber  of  Employees;  Chamber  of  Civil  Servants  and  Public  Employees;  Chamber  of  Agriculture; 

Chamber of Commerce; Chamber of Trades. 

135  Outside  of  the  mandatory  consultation  process  of  the  professional  chambers  and  the  Council  of  State,  the 
independent  authorities,  such  as  the  CCDH,  are  able  to  submit  opinions.  Furthermore,  other  stakeholders, 
such as Civil Society Organisations, can submit opinions but they are not published on the website and are 
not regularly followed. For the general public, it seems that there is no possibility to submit opinions on draft 
laws. 

136  OECD Regulatory Policy Outlook 2021, p.264. See also written contribution from ENNHRI on Luxembourg 
for  the  2022  Rule  of  Law  Report,  p.  7;  2021  Rule  of  Law  Report,  Country  Chapter  on  the  rule  of  law 
situation in Luxembourg, pp. 11-12.  

137  In March 2022, the CCDH received an A-status re-accreditation as a National Human Rights Institution by 

Global Alliance of National Human Rights Institutions (GANHRI). 

138  Information  received  from  the  CCDH  in  the  context  of  the  country  visit  to  Luxembourg.  See  also  written 
contribution  from  ENNHRI  on  Luxembourg  for  the  2022  Rule  of  Law  Report,  p.  3.  Written  contribution 
from ENNHRI for the 2021 Rule of Law Report. p. 235.  

139  Art. 1 to 4 of the Law of 22 August 2003 on the establishment of the Ombudsperson. 
140  Recommendation  51  –  Modification  of  the  Law  of  22  August  2003  on  the  establishment  of  the 

Ombudsperson. 

141  Information received in the context of the country visit. (e.g. Ombudsperson). 
142  Project No. 6030. See also 2020 Rule of Law Report, chapter on Luxembourg, p. 10. 
143  Project No. 7777. 

15 

 
                                                 
measures introduced to combat the spread of the COVID-19 pandemic, including the wearing 
of  masks  and  the  respect  of  minimal  distance  of  2  meters  between  people  in  cases  of 
manifestations. In addition, the administrative courts have been seized for several COVID-19 
pandemic  related  challenges.  Fifteen  of  them  concerned  orders  for  isolation  and  quarantine 
measures and three of them the vaccination campaign144. 

On 1 January 2022, Luxembourg had no judgments of the European Court of Human 
Rights pending implementation. At that time, the few judgments pronounced in respect of 
Luxembourg in the past  10 years had already been implemented and  the supervision by the 
Committee  of  Ministers  had  ended.  As  of  1  January  2022,  Luxembourg  had  no  leading 
judgments  of  the  European  Court  of  Human  Rights  that  were  pending  implementation145. 
However, the European Court of Human Rights issued a new leading judgment on 12 January 
2022146.  On  1  July  2022,  the  leading  judgment  of  12  January  2022  is  the  sole  pending 
implementation147. 

The civic space in Luxembourg remains open148 and a draft law that would simplify the 
procedures for the creation and governance of NGOs is being discussed in Parliament. 
On 26 July 2021, the Government introduced new amendments to the draft law for non-profit 
organisations149.  The  draft  was  initially  tabled  in  2009  but  no  action  had  been  taken  by 
Parliament  since  then.  The  new  amendments  simplify  the  procedures  recognising  NGOs  as 
public  benefit  organisations  by  increasing  their  transparency,  reducing  the  required  initial 
capital  for  creating  a  foundation,  rendering  the  procedure  more  flexible,  and  making  the 
governance  of  the  organisations  more  efficient  by  adapting  the  framework  to  technological 
developments150.  

144  Input from Luxembourg for the 2022 Rule of Law Report, p. 25. 
145  The adoption of necessary execution  measures  for a  judgment by the European  Court of Human  Rights is 
supervised by the Committee of Ministers of the Council of Europe. It is the Committee’s practice to group 
cases against a State requiring similar execution measures, particularly general measures, and examine them 
jointly. The first case in the group is designated as the leading case as regards the supervision of the general 
measures and repetitive cases within the group can be closed when it is assessed that all possible individual 
measures needed to provide redress to the applicant have been taken. 

146  Foyer  Assurances  S.A.  v.  Luxembourg,  pending  implementation  since  January  2022.  (European  Court  of 
Human Rights, judgment of 12 October 2021, Foyer Assurances S.A. v. Luxembourg 35245/18). All figures 
are  calculated  by  the  European  Implementation  Network  and  are  based  on  the  number  of  cases  that  are 
considered  pending  at  the  annual  cut-off  date  of  1  January  2022.  See  the  Contribution  from  the  European 
Implementation Network for the 2022 Rule of Law Report, p. 57. 

147  Data according to the online database of the Council of Europe (HUDOC) 
148  See 2021 Rule of Law Report, Country Chapter on the rule of law situation in Luxembourg, p. 13. See also 
rating  given  by  CIVICUS.  Ratings  are  on  a  five-category  scale  defined  as:  open,  narrowed,  obstructed, 
repressed and closed. 

149  Project No. 6054, Draft law on the non-profit associations and foundations. 
150  Franet (2022), Country research - Legal environment and space of civil society organisations in supporting 

fundamental rights - Luxembourg, pp. 3-4. 

16 

 
                                                 
Annex I: List of sources in alphabetical order* 

* The list of contributions received in the context of the consultation for the 2022 Rule of Law report 
can  be  found  at  https://ec.europa.eu/info/publications/2022-rule-law-report-targeted-stakeholder-
consultation_en. 

Centre  for  Media  Pluralism  and  Media  Freedom  (2022),  Media  pluralism  monitor  2022  –  Country 
report on Luxembourg. 

Civicus, Monitor tracking civic space – Luxembourg https://monitor.civicus.org/country/luzembourg/. 

Consultative Council of European Judges (CCJE) (2007), Opinion no.10 of 2007 of the CCJE to the 
attention of the Committee of Ministers of the Council of Europe on the Council for the Judiciary at 
the service of society. 

Council  of  Europe:  Committee  of  Ministers  (2010),  Recommendation  CM/Rec(2010)12  of  the 
Committee of Ministers to member states on judges: independence, efficiency and responsibilities. 

Court of Justice of the European Union, judgment of 15 July 2021, Commission v. Poland, C-791/19, 
ECLI:EU:C:2021:596. 

Court of Justice of the European Union, judgment of 18 May 2021, Asociaţia 'Forumul Judecătorilor 
din  România'  and  Others  v  Inspecţia  Judiciară  and  Others,  Joined  Cases  C-83/19,  C-127/19,  C-
195/19, C-291/19, C-397/19, ECLI:EU:C:2021:393. 

Directorate-General  for  Communication  (2022),  Flash  Eurobarometer  507:  businesses’  attitudes 
towards corruption in the EU. 

Directorate-General for Communication (2022), Special Eurobarometer 523: corruption.  

European  Court  of  Human  Rights,  judgment  of  12  October  2021,  Foyer  Assurances  S.A.  v. 
Luxembourg 35245/18.  

European Commission (2020), 2020 Rule of Law Report, Country Chapter on the rule of law situation 
in Luxembourg. 

European Commission (2021), 2021 Rule of Law Report, Country Chapter on the rule of law situation 
in Luxembourg. 

European Commission (2022), The EU Justice Scoreboard.  

European  Network  of  National  Human  Rights  Institutions  (2022),  European  Network  of  National 
Human Rights Institutions contribution for the 2022 Rule of Law Report. 

European  Parliament  and  Council  of  the  European  Union  (2019),  Directive  (EU)  2019/1937  of  the 
European Parliament and of the Council of 23 October 2019 on the protection of persons who report 
breaches of Union law. 

Franet, University of Luxembourg (2022),  Country research - Legal environment and space of civil 
society  organisations  in  supporting  fundamental  rights  –  Luxembourg,  Vienna,  EU  Agency  for 
Fundamental  Rights, 
https://fra.europa.eu/en/publication/2022/civic-space-2022-update#country-
related. 

Global  Alliance 
https://ganhri.org/membership/. 

of  National  Human  Rights 

Institutions 

(GANHRI). 

See 

also 

GRECO  (2020a),  Fourth  evaluation  round  –  Second  Interim  compliance  report  on  Luxembourg, 
judges  and  prosecutor 
respect  of  members  of  Parliament, 
corruption  prevention 
https://rm.coe.int/fourth-evaluation-round-corruption-prevention-in-respect-of-members-
of/1680a0424d. 

in 

GRECO  (2022),  Fourth  Evaluation  Round  –  Third  Interim  compliance  report  on  Luxembourg, 
judges  and  prosecutor 
respect  of  members  of  Parliament, 
corruption  prevention 

in 

17 

 
https://rm.coe.int/fourth-evaluation-round-corruption-prevention-in-respect-of-members-
of/1680a5f164. 

Luxembourg  Government  (2021),  Jurisdictional  and  prosecutorial  statistics  2020  (Statistiques  des 
jurisdictions et des parquets Année 2020). 

Luxembourg Government (2022), Input from Luxembourg for the 2022 Rule of Law Report. 

Luxembourg  Government  (2022),  Press  release  on  Launch  of  a  public  consultation  on  the 
introduction  into  national  law  of  a  regime  for  controlling  concentrations  between  undertakings  - 
https://gouvernement.lu/fr/actualites/toutes_actualites/communiques/2022/01-janvier/20-consultation-
publique.html. 

Luxembourg Parliament (2021), Document 7824 of 2020-2021, 25 October 2021. 

Luxembourg Parliament (2021), Resolution of 9 December 2021 (3703). 

Luxembourg Parliament (2022), Document 133 and 134 of 24 March 2022. 

Luxembourg Parliament (2022), Document 7499 of 2020-2021, 17 January 2022. 

Opinion 
https://beta.legilux.public.lu/eli/etat/projet/ppc/20130257. 

60.288 

No. 

CE 

on 

Project 

No. 

7620 

Opinion  No.  CE 
https://beta.legilux.public.lu/eli/etat/projet/ppc/20130260. 

:  60.685  on  Parliamentary 

file  No.  7777,  of  16 

July  2021 

Opinion  No.  CE  :  60.685  on  Parliamentary  file  No.  7777,  of  26  April  2022.(Complementary) 
https://beta.legilux.public.lu/eli/etat/projet/ppc/20130260. 

Organisation for  Economic  Co-operation  and  Development  (2021),  Organisation  for  Economic  Co-
operation 
2021, 
https://www.oecd.org/publications/oecd-regulatory-policy-outlook-2021-38b0fdb1-en.htm.  

Development 

Regulatory 

Outlook 

Policy 

and 

Project No. 6030, A new draft Constitution - http://legilux.public.lu/eli/etat/projet/ppc/10000.  

Project  No. 
https://beta.legilux.public.lu/eli/etat/projet/pl/10006.  

6054,  Draft 

law 

the 

on 

non-profit 

associations 

and 

foundations 

Project  No.  7323,  Draft 
http://legilux.public.lu/eli/etat/projet/pl/10455.  

law  on 

the  organisation  of 

Project  No.  7323A,  Draft 
https://beta.legilux.public.lu/eli/etat/projet/pl/20170534. 

law  on 

the  organisation  of 

Project  No.  7323B,  Draft 
https://beta.legilux.public.lu/eli/etat/projet/pl/20170561.  

law  on 

the  organisation  of 

the  Council 

for 

the 

judiciary 

the  Council 

for 

the 

judiciary 

the  Council 

for 

the 

judiciary 

Project  No.  7575,  Revision  of  Chapter  VI  (on  Justice)  of  the  Constitution,  full  text  of  the  project 
http://data.legilux.public.lu/file2/2021-02-24/23.  

Project 
https://beta.legilux.public.lu/eli/etat/projet/ppc/20130257.  

revision 

7620, 

Draft 

No. 

of 

Art. 

32 

of 

the 

Constitution 

Project  No.  7749,  Draft law  on  the  organisation  of  the  public  establishment  "Public  Service Media 
100.7"  and  amending 
law  of  July  27,  1991  on  electronic  media 
https://beta.legilux.public.lu/eli/etat/projet/pl/20170398. 

the  amended 

Project  No.  7777  -  Proposition  for  revision  of  Chapters  IV  and  Vbis  of  the  Constitution 
http://legilux.public.lu/eli/etat/projet/ppc/20130260. 

Project  No.  7959  –  Draft  law  on  the  organisation  of  legal  aid  and  repealing  article  37-1  of  the 
amended 
profession. 
https://beta.legilux.public.lu/eli/etat/projet/pl/20170566. 

August 

1991 

legal 

law 

the 

10 

on 

of 

18 

 
Recommendation  51  –  Modification  of  the  Law  of  22  August  2003  on  the  establishment  of  the 
Ombudsperson. - https://www.ombudsman.lu/uploads/RC/RC51.pdf. 

Reporters without Borders (2022) – Luxembourg, https://rsf.org/en/country/luxembourg.  

Transparency International (2022), 2021 Corruption Perception Index. 

19 

 
Annex II: Country visit to Luxembourg 

The Commission services held virtual meetings in February and March 2022 with: 

Initiative devoir de vigilance  
Internal Security Service 

  Chambre des Députés (Parliament) 
  Committee for the Prevention of Corruption (COPRECO) 
  Constitutional Court 
  Consultative Commission for Human Rights (CCDH) 
  Council of State 
  Finance & Human Rights 
  Groupement des magistrats Luxembourgeois 
 
 
  Luxembourg Association of Journalists (ALJP) 
  Luxembourgish Media Regulator (ALIA) 
  Ministry of Foreign Affairs 
  Ministry of Interior 
  Ministry of Justice 
  Ministry of State 
  Ombudsperson 
  Ombdusperson for children (OKaJu) 
  Police Grand Ducal 
  Press Council of Luxembourg 
  Prosecution service 
  Public service media 100,7 
  StopCorrupt 
  Supreme Court of Justice 
  The Commission for access to documents 
  The Luxembourg Bar Association 

* The Commission also met the following organisations in a number of horizontal meetings:  

  Amnesty International  
  Article 19  
  Civil Liberties Union for Europe 
  Civil Society Europe  
  European Centre for Press and Media Freedom  
  European Civic Forum 
  European Federation of Journalists  
  European Partnership for Democracy 
  European Youth Forum 
  Free Press Unlimited 
  Human Rights Watch  
 
 
 
  Open Society European Policy Institute ( OSEPI) 
  Osservatorio Balcani e Caucaso Transeuropa  
  Philea 

ILGA Europe 
International Federation for Human Rights (FIDH) 
International Press Institute 

20 

 
 
  Reporters Without Borders 
  Transparency International Europe 

21